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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Back on 7-28-15, my daughter served a Proof of Summons to a

Customer Question

Back on 7-28-15, my daughter served a Proof of Summons to a man and wife I am suing. It was on calendar until the husband dies 2-14-15, at this time by 4/2015, I went to the Bar Association looking for a atty. to represent my case. When I paid 40.00 to talk about my case, it seem like he was not entrusted at all. This man did not shake my hand coming in nor out. He said I didn't have a case the wife was not served. I stated, she was by my server. He brought my case up on the computer and the front page serve waiting, I stated that isn't true, and this attorney just had a smerk on his face and he said I should of came to him at first and I would of told you. I stated thank you and left. That 40.00 was gone in less than 5 min. of nothing. That week I watched the date 7/28/14, the day they were served, the three names were there but the wife had serve waiting. I submitted three Proof of Services, the about 2 days later someone deleted her off. The I go to court and the judge reads a document to me and know I have to prove she was served. I feel that they really done some illegal things. What should I do? just wanting to show me his computer. From the beginning
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Sorry you had a bad experience with a fellow attorney this makes all of look bad. Can you tell the State that your question pertains to? Did you let the State Bar know the attorney was useless?

Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Your earlier expert has "opted out" and I am a new expert (as many of us have our own practices we are sometimes called away and unable to continue with a conversation).

In reviewing your post above I am trying to identify your specific problem:

  • The primary issue appears to be that the "Proof of Service" that was filed as to the Defendant Wife apparently was not properly entered by the Court Clerk.
    • This issue can generally be corrected quickly and simply by contacting the clerk's office and asking them to correct the Register of Actions.
    • Remember, the important issue is what is filed on the Proof of Service, not what is entered on the Register (the register is a summary of the filed documents but it does not replace the actual documents).
    • If the Court Clerk is unable to correct the issue, you will then need to file a motion with the Court to correct the issue - this would be a very simple motion asking the court to correct "clerical error" to update their Register of Actions to properly reflect the filed Proof of Service.
  • If your Proof of Service is defective (you say that your daughter served these documents as opposed to a professional process server, it is possible that there was an error in the document), you will then need to make a motion to the court to do one of two things (1) ask that the court accept an amended proof of service showing that the document was in error, but the complaint was properly served (a court may grant such a motion), or (2) (the more certain resolution) asking for permission to serve the complaint at this time. The Court should grant it.
    • I would recommend hiring a process server (you are less likely to have problems).
    • If you do not hire a process server, you can have your daughter serve it again.
  • I am sorry that you had a bad experience with the attorney that you consulted with. Unfortunately being rude is not something that creates a cause of action, or a basis for a complaint to the Bar Association. Based only on what you posted he did nothing that was actionable (he looked up your case, identified a problem with your proof of service - which you later confirmed), told you that you should have met with him earlier, and you left. I am not going to try to defend a rude or arrogant person, but I will try to save you the time and frustration of pursuing a pointless action - there isn't anything in that interaction that will result in compensation for you (I am sorry).